Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by CDRdude on Thursday July 09, 2020 @06:04PM
(#23785768)
Adverse possession is a specific thing in some jurisdictions where if you visibly and openly occupy a piece of land for long enough without a challenge from the original owner, it becomes your property and the original owner loses it.
https://en.m.wikipedia.org/wiki/Adverse_possession
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by pdonis on Thursday July 09, 2020 @07:32PM
(#23786487)
> Adverse possession is a specific thing
I know what adverse possession is. But there are specific conditions attached to it, which will depend on the particular statute in effect in the particular jurisdiction. For example, if the poster I responded to were to tell in court the exact story he told here--"I didn't realize the fence was on my property until I had a survey done, now I realize it and I'm bringing a challenge"--would the statute in effect in his jurisdiction bar him from seeking any relief?
Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by gonzo41 on Thursday July 09, 2020 @09:24PM
(#23787194)
I think the court would be very favorable to the poster. If only because adverse possession is not the sort of law that doesn't scan well with modern times. I know that's not how all law works but if that didnt work I'd go slip in his driveway during winter and bury him in frivolous lawsuits until the end of time.
On what basis does he "officially own" it? Presumably there is a plat on file with your deed of title to your house and its lot that gives the boundaries of your lot, and another plat on file with your neighbor's deed of title to his house and its lot that shows the boundaries of his lot. Presumably both of those plats say the fence is on your property.